definitions

definitionsSec. 401. For purposes of this title: (1) The term “Administrator” means the Administrator of Veterans’ Affairs. (2) The term “Arizona InterTribal Trust Fund” means the fund established pursuant to section 405(a)(1) of this title in the Treasury of the United States for the benefit of Arizona Tribes that were members of the InterTribal Council of Arizona on January 1, 1988, and the members of such tribes. (3) The term “Arizona Tribe” means an Indian tribe that has a reservation located partially or totally in the State of Arizona. (4) The term “City” means the City of Phoenix, Arizona. (5) The term “Collier” means the nongovernmental parties to the Exchange Agreement identified in the Exchange Agreement as Barron Collier Company, Collier Development Corporation, and Collier Enterprises. (6) The term “Exchange Agreement” means the Agreement Among the United States, Collier Enterprises, Collier Development Corporation, and the Barron Collier Company, executed on May 15, 1988, and subsequently submitted to the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. 102 STAT. 4578 (7) The term “Florida Lands” means the lands that would be conveyed to the United States by Collier under the terms of the Exchange Agreement or this title, and other lands owned by Collier and located within the boundaries of the Florida Panther National Wildlife Refuge to be acquired by purchase by the United States and managed as part of such Refuge, other than those lands identified for conveyance to the United States pursuant to agreements for purchase and sale of such lands executed by Collier prior to January 1, 1988. (8) The term “InterTribal Council of Arizona” or “ITCA” means the corporation organized and existing under the laws of the State of Arizona under the name InterTribal Council of Arizona, Inc., or a successor to such corporation organized and existing under the laws of the State of Arizona, the membership of which includes thirteen or more of the Arizona Tribes that were members of the ITCA on January 1, 1988. (9) The term “Land Exchange” means the transaction providing for the acquisition by the United States of title to lands in Florida owned by Collier and the receipt by the United States of Monetary Proceeds in exchange for the acquisition by Collier of title to land within the School Property. (10) The term “Monetary Proceeds” means either— (A) the cash amount required to be paid to the United States by Collier upon closing of the Land Exchange, or (B) the amount required to be paid to the United States by a Purchaser other than Collier upon closing of the Purchase Transaction, less the amount required to be paid from the account for acquisition of the Florida Lands and reimbursement of costs established under section 402(i) of this title. (11) The term “Navajo Trust Fund” means the fund established pursuant to section 405(a)(2) of this title in the Treasury of the United States for the benefit of the Navajo Tribe and its members. (12) The term “Phoenix Exchange Property” means the land within the School Property to be conveyed to a Purchaser under the Land Exchange or the Purchase Transaction, which land shall be the School Property less any parcel of land to be conveyed to the City of Phoenix or transferred to the Veterans’ Administration upon closing of the Land Exchange or Purchase Transaction pursuant to section 402 of this title. (13) The term “Planning and Development Agreement” means the Memorandum of Agreement between the City of Phoenix, Arizona, Collier Enterprises and Barron Collier (Company approved by the City Council of Phoenix, Arizona, on July 1, 1987, including any amendments or modifications of such Memorandum of Agreement subsequently agreed to by the parties, or, as the context may require, an agreement between the City of Phoenix, Arizona, and a Purchaser other than Collier that is identical in all material respects to such Memorandum of Agreement. (14) The term “Public Planning Process” means the land use planning and zoning process applicable to the School Property under the Planning and Development Agreement or other State or local law and regulation applicable to the planning and zoning of such property. 102 STAT. 4579 (15) The term “Purchase Transaction” means the cash purchase of the Phoenix Exchange Property by a Purchaser other than Collier under section 402(h) of this title. (16) The term “Purchaser” means Collier or, in the event that Collier does not accept the offer of the United States to acquire the Phoenix Exchange Property under either section 402(h)(1) or section 402(h)(6) and (7) of this title, any other person that acquires the Phoenix Exchange Property under a Purchase Transaction. (17) The term “School Property” means the real property used by the Secretary on January 1, 1988, for the Phoenix Indian High School in Phoenix, Arizona. (18) The term “Secretary” means the Secretary of the Interior. (19) The term “Trust Fund Payment” means the payment to the United States of the Monetary Proceeds for deposit into, as the context requires, the Arizona InterTribal Trust Fund or the Navajo Trust Fund, in the form of a lump sum payment or annual payments as determined under section 403 of this title. (20) The term “Trust Fund Payment Agreement” means an agreement providing for payment by the Purchaser of annual Trust Fund Payments for deposit into the Arizona InterTribal Trust Fund or the Navajo Trust Fund or, as the context may require, an agreement between the United States and a Purchaser other than Collier that is identical in all material respects to such Trust Fund Payment Agreement. (21) The term “Trust Income” to the Arizona InterTribal Trust Fund or the Navajo Trust Fund means the interest earned on amounts deposited into each such trust fund and any amounts paid into each such trust fund in the form of annual Trust Fund Payments. (22) The term “Veterans’ Administration Property” means the property adjacent to the School Property owned by the United States and under the jurisdiction and control of the Veterans’ Administration on January 1, 1988.